Johnson v. Barnhart

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion
should not be published and is not precedent except under the limited circumstances
set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
March 30, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-11235
Summary Calendar
GEARY JOHNSON,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, COMMISSIONER
OF SOCIAL SECURITY,
Defendant-Appellee.
Appeal from the United States District Court for
the Northern District of Texas
(USDC No. 2:01-CV-250)
_________________________________________________________
Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
We affirm the decision of the district court for the following reasons:
1. Substantial evidence in the record supports the Commissioner’s

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conclusion that Johnson’s condition does not meet a listed impairment,
including Listing 1.05(C). Leggett v. Chater, 67 F.3d 558, 564 (5th
Cir. 1995). Johnson has not shown that his condition satisfies each
medical criterion of Listing 1.05(C). Sullivan v. Zebley, 493 U.S. 521,
530 (1990).
2. Substantial evidence in the record supports the Commissioner’s
assessment of Johnson’s residual functional capacity. 20 C.F.R. §
404.1545(a)(1) (2005); Leggett, 67 F.3d at 564 (5th Cir. 1995).
Substantial evidence supports the Commissioner’s conclusion that
Johnson’s subjective complaints regarding the severity of his pain and
his need to lie down for several hours a day were not entirely credible.
Carrier v. Sullivan, 944 F.2d 243, 247-48 (5th Cir. 1991).
AFFIRMED.

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